Easy Email Marketing & Upsell Tool - For Landscaping & Lawn Care Businesses

These Terms of Use (“Terms”) apply to your use of UpSendly’s email marketing services, available through our website. By using UpSendly (“we,” “our,” or “us”), you (“Customer” or “you”) agree to the following terms. If you do not accept these terms, please discontinue use of our services.

As used in these Terms, "UpSendly" means UpSendly Inc., a federally-registered Canadian company with the mailing address PO Box 35054 Halifax RPO, Bedford, NS B3M0G3.

BY ACCESSING OR USING ANY UPSENDLY SERVICES, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OUTLINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE REFRAIN FROM USING OUR SERVICES.

1. Agreement to Terms

By creating an account, accessing, or using our services, you confirm that:

You are at least 16 years old,
You provide accurate contact and billing information,
You agree to these Terms, our Anti-Spam Policy, and our Privacy Policy.

2. General Terms

2.1. You are required to adhere to the following guidelines:

2.1.1. Do not send unsolicited emails (“spam”). Refer to our Anti-Spam Policy for further details.

2.1.2. Ensure that all email lists consist of subscribers who have explicitly opted in or whom which you have an existing or implied business relationship with.

2.1.3. Use of our Service must comply with all relevant laws and regulations.

2.1.4. If you are using our Services on behalf of a company, you confirm that you have the authority to accept these Terms on behalf of the company. Any reference to “you” or “Customer” applies to the company you represent.

2.1.5. Avoid offensive or abusive language in any communications.

2.1.6. Do not impersonate others, misrepresent your identity, or falsely claim affiliation with any third party to mislead us or others.

If you violate any of these rules, we may suspend or terminate your account.

3. Payment terms

3.1 Payment Responsibility

Customers must ensure their payment method is valid, accurate, and has sufficient funds. Payment is required at the start of each service period—either monthly or annually, depending on your plan. Accepted payment methods include credit card and PayPal. Cash, checks, and other payment methods are not accepted.

3.2 Automatic Renewal & Cancellation Policy

Your UpSendly subscription renews automatically at the end of each billing cycle unless canceled through your Account Settings.

If you cancel, your subscription will remain active until the end of the current billing period. You will not receive a refund for any unused time, but you will retain access to all features until the subscription’s expiration date.

If you exceed your plan’s subscriber or email limits, your account will automatically upgrade to the appropriate tier, and the associated charges will apply.

3.3 Switching Plans

You can switch from a monthly to an annual plan at any time. Switching from an annual to a monthly plan is only allowed if the monthly plan is the same or higher. Plan switches are not permitted if your plan has expired, is close to expiration, or if you have recently changed plans.

3.4 Annual Plan Pricing Lock

By signing up for an annual plan, paid customers can lock in current pricing for the upcoming year. This option is not available on free plans.

3.5 Fee Changes

UpSendly reserves the right to update pricing at our discretion by posting changes on our pricing page. Any price adjustments will apply to both existing and future subscriptions, with at least 14 days’ notice provided by email and on our website. Continued use of our services constitutes acceptance of the new pricing.

3.6 VAT and Sales Tax

All prices listed are exclusive of VAT and/or sales tax. Applicable VAT will be calculated and displayed at checkout. Customers in the EU with a valid VAT number or customers outside the EU may be exempt from VAT. For other customers, applicable sales tax or other taxes will be added at checkout.

3.7 Failed Payments

If payment fails at the end of the subscription period, UpSendly will retry the charge every 24 hours for up to 7 days and notify you of each attempt. If all attempts fail, the invoice will be marked as unpaid, and your account will automatically downgraded and limited.

4. Communications

You agree that UpSendly may send you account-related information and service updates via email. If you submit official documents to UpSendly, we may require them to be translated into English. All communication between UpSendly and customers must be respectful and professional. Email support is available for paid customers.

5. Accounts, Passwords, and Security

5.1. To access our services, you must create an UpSendly account, complete your profile, and submit it for approval.

5.2. If your account meets all requirements, we will approve it and send you a confirmation email. If there are any issues, you may receive a disapproval notice.

5.3. We reserve the right to review your subscriber lists and previous campaigns to ensure compliance with our Anti-Spam Policy before granting full access.

5.4. You are responsible for keeping your password secure and are solely accountable for all activity on your account.

5.5. UpSendly reserves the right to delete any disapproved accounts without notice.

5.6. We may access your account as needed to provide support, manage settings, or test features to ensure our services function properly.

5.7. If your account is inactive for more than six months, UpSendly reserves the right to permanently delete it, along with all associated data, subscribers, and content. We will notify you via email, giving you 7 days to export or reactivate your account before deletion.

5.8. To enhance security, we may monitor for data breaches using encrypted checks. If any issues are detected, we will notify you with steps to secure your account. By using our services, you consent to these security measures.

6. Acceptable Email Practices

6.1. All email lists used with our service must be permission-based, meaning subscribers have explicitly opted in to receive communications or you have an existing business relationship with each subscriber individually. Purchased, rented, or third-party-acquired lists are strictly prohibited.

6.2. UpSendly reserves the right to terminate accounts that violate these terms by generating excessive abuse complaints. Terminations due to violations are not eligible for a refund.

6.3 Content Review and Approval

UpSendly reserves the right to review, approve, reject, delay, reschedule, or modify any email content created by users, at our sole discretion. This is to ensure compliance with our standards, optimize deliverability, and protect the interests of both UpSendly and its users. By using our services, you acknowledge and agree that:

Your email content may be subject to review for compliance with applicable laws, regulations, and these Terms of Use;
UpSendly may alter or reschedule email content to improve deliverability or align with best practices in email marketing;
Any changes made by UpSendly will aim to uphold the quality and reputation of our service while respecting the intended message and branding of your email;
UpSendly is not liable for any delays or modifications made during this process;

This policy helps maintain the effectiveness of our platform and ensures that all email campaigns meet the highest standards of quality and integrity.

7. Appropriate Content

7.1. You may only send relevant content that subscribers have requested, in compliance with the CAN-SPAM Act. The following types of content are prohibited:

Adult content, including pornography and escort services;
Affiliate marketing, pyramid schemes, “Get rich quick” schemes, or multi-level marketing (MLM);
Financial offers like forex trading, loans, or quick credit;
Gambling or betting;
Weight loss products or services;
Mobile unlocking services or IPTV content;
Content related to buying, selling, or sharing social media followers or likes;
Sale or distribution of email lists, illegal goods or services;
Counterfeit products.

7.2. You are prohibited from sending content that promotes discrimination, harassment, or health risks, including anti-vaccination material. Additionally, you may not send false, misleading, or deceptive content about products, services, or other information, including exaggerating, hiding, or omitting details.

7.3. It is strictly forbidden to impersonate others or misrepresent affiliations with third parties through email links, landing pages, or signup forms created with our service. Violations will lead to immediate account suspension or termination.

7.4. Content sent through UpSendly must be created by you or have the necessary rights for its use. By using our service, you confirm that you own or have permission to use all content, data, and information submitted through our platform.

7.5. UpSendly may use AI-powered and, if necessary, manual content checks to ensure compliance with these Terms, which may cause a brief delay in sending. By using our service, you agree to both automated and potential manual content reviews.

7.6. UpSendly reserves the right to assess content appropriateness and, at its discretion, suspend or terminate accounts that violate these guidelines.

8. Compliance with Applicable Laws and Regulations

Email Compliance

All users must comply with the CAN-SPAM Act, which requires that each email sent via our service includes a valid physical address, a clear option to unsubscribe, and an accurate subject line that does not mislead recipients. UpSendly reserves the right to terminate accounts that engage in spamming or fail to follow these requirements.

Use of UpSendly’s Address

UpSendly offers the option for customers to use our corporate address as the physical mailing address required in email footers for compliance with the CAN-SPAM Act, CASL, and similar regulations. By opting to use UpSendly’s address, you agree to the following terms:

Eligibility: This option is available only to customers who operate without a separate business mailing address and explicitly request to use UpSendly’s address for email compliance purposes.
Customer Responsibility: You remain solely responsible for the content and compliance of all emails sent using our platform.
Liability Release: UpSendly is acting only as an intermediary for address purposes and assumes no liability for the content, legality, or compliance of your email campaigns.

Canadian Anti-Spam Compliance (CASL)

For customers targeting Canadian recipients, you agree to comply with Canada’s Anti-Spam Legislation (CASL) by:

Obtaining express consent before sending commercial electronic messages unless there’s an existing business relationship.
Keeping verifiable records of consent, including the date and method of opt-in.
Including valid sender identification details in each email, including a physical mailing address.
Providing a clear, accessible unsubscribe mechanism and processing requests within 10 business days.

Privacy Compliance

By using our services, you agree to comply with applicable data privacy laws. If you collect personal information from California residents, you agree to adhere to the California Consumer Privacy Act (CCPA). For users in the European Union, you agree to comply with the General Data Protection Regulation (GDPR), ensuring that personal data is processed lawfully, fairly, and transparently.

9. Limitation of Liability and Disclaimer of Warranties

Limitation of Liability

UpSendly will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the services, including but not limited to data loss, profit loss, or business interruption, even if advised of the possibility of such damages. Our total liability to you shall not exceed the amount paid by you, if any, for accessing the services over the past twelve months.

Disclaimer of Warranties

UpSendly services are provided “as-is” and “as available” without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the services will be uninterrupted, secure, or error-free.

10. Indemnification

You agree to indemnify and hold UpSendly harmless from any claims, damages, liabilities, losses, and expenses (including attorney’s fees) arising out of or related to your use of the services, any user content you create or distribute, or your violation of these terms.

11. Governing Law and Dispute Resolution

These terms are governed by the laws of Bedford, Nova Scotia, without regard to conflict of law principles. Any disputes arising from or related to these terms shall be resolved through binding arbitration in Bedford, Nova Scotia. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Intellectual Property

UpSendly owns all right, title, and interest in and to the service, including all associated intellectual property rights. You are granted a limited, non-exclusive, non-transferable license to access and use our services for your personal or internal business purposes only. You agree not to reproduce, distribute, or create derivative works from our services without our express written permission.

13. Termination of Service

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. If we terminate your account for violation of these terms, no refund will be provided. If your account remains inactive for six months, we reserve the right to delete it, following a 7-day notification period.

14. Payment and Refund Policy

Subscription fees are billed in advance on a monthly or annual basis and are non-refundable. If you cancel your subscription, you will retain access until the end of your current billing period. Refunds will only be issued if we terminate your account without cause. Payment must be made via accepted methods only, which may include credit cards and PayPal.

15. User Responsibilities and Acceptable Use

By using UpSendly, you agree to:

Use our service in compliance with all applicable laws and regulations.
Send only content that is permitted and legal, avoiding restricted topics such as adult content, spam, and misleading promotions.
Abstain from using our platform to upload viruses, malware, or other harmful software.

Violation of these policies may result in immediate account suspension or termination.

16. Data Processing and Security

If you collect or process personal data through our services, you are responsible for complying with all applicable data protection laws. UpSendly may provide a Data Processing Agreement (DPA) upon request. We are committed to maintaining reasonable security measures to protect personal data but cannot guarantee complete data security. By using our service, you acknowledge and accept these security limitations.

17. Modifications to Terms

UpSendly reserves the right to modify these Terms of Service at any time. Changes will be posted on our website, and we will notify you via email or website notification at least 14 days before changes take effect. Continued use of our services constitutes acceptance of any changes.

Last updated on January 22, 2025